History
  • No items yet
midpage
O'NEILL v. Schoenbrod
355 So. 2d 440
| Fla. Dist. Ct. App. | 1978
|
Check Treatment
355 So. 2d 440 (1978)

James O'NEILL, Appellant,
v.
James T. SCHOENBROD, the Yacht Andiano and the United States Fire Insurance Company, Appellees.

No. 77-1922.

District Court of Appeal of Florida, Third District.

February 7, 1978.
Rehearing Denied March 17, 1978.

Dolan, Denman & Grambling and Christopher R. Fertig, Fort Lauderdale, for appellant.

Smathers & Thompson and John W. Keller, III, James T. Schoenbrod, Miami, for appellees.

Before HAVERFIELD, C.J., and PEARSON and HENDRY, JJ.

PER CURIAM.

Plaintiff, James O'Neill, appeals an order dismissing his complaint for salvage for lack of jurisdiction over the subject matter on the ground that a salvage action is within the exclusive jurisdiction of the federal district court sitting in admiralty.

O'Neill contends that since the instant action has been brought in personam (as opposed to in rem), the circuit court for Dade County has concurrent jurisdiction with the federal district court under the "savings to suitors" clause contained in 28 U.S.C. § 1333.

Salvage being a matter peculiarly within the jurisdiction of the admiralty courts because, inter alia, of the peculiar system awarding the compensation, we hold that the trial court correctly dismissed the instant salvage action. See 68 Am.Jur.2d Salvage § 40 (1973).

Affirmed.

Case Details

Case Name: O'NEILL v. Schoenbrod
Court Name: District Court of Appeal of Florida
Date Published: Feb 7, 1978
Citation: 355 So. 2d 440
Docket Number: 77-1922
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.